HomeMy WebLinkAbout04-16-04
J. A39022/03
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: ESTATE OF MILDRED J.
GERBER, AN INCAPACITATED PERSON:
APPEAL OF MARILYN JO GERBER,
Appellant
IN THE SUPERIOR COURT OF
PENNSYLVANIA
No. 1977 MDA 2002
I
Appeal from the Order December 16, 2002
In the Court of Common Pleas of Cumberland County
Orphan's Court at No. 2001-00092
BEFORE: TODD, BENDER and BECK, JJ.
MEMORANDUM:
FILED: February 3, 2004
This is an appeal from an order dated December 16, 2002, which
approved a petition to sell real estate filed by PNC Bank, Guardian of the
Estate of Mildred J. Gerber, an incapacitated person. The appeal was filed
by Marilyn Jo Gerber, the daughter of Mildred J. Gerber. For reasons set
forth below, we quash the appeal because it is moot.
PNC Bank was appointed the Guardian of the Estate of Mildred J.
Gerber pursuant to an order entered by the Honorable Edgar B. Bayley of
the Cumberland County Court of Common Pleas. PNC Bank presented to the
Honorable George E. Hoffer, President Judge of the Court of Common Please
of Cumberland County, a petition to sell real estate owned by Mildred J.
Gerber. A hearing as to the petition was held on December 16, 2002, after
which Judge Hoffer granted the petition to sell. An appeal to this Court was
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J-A39022/03
filed on December 20, 2002 by the incapacitated's daughter, Marilyn Jo
Gerber, from the order permitting the sale.
Mildred J. Gerber died on January 14, 2003, terminating the
guardianship and PNC Bank's role as Guardian of the Estate. This fact alone
causes the instant appeal to be moot. After the death of Mildred J. Gerber,
the Register of Wills of Cumberland County granted Letters Testamentary for
the Estate of Mildred J. Gerber to Frederick E. Gerber II (Executor), her son.
Upon the death of the incapacitated person and the issuance of Letters
Testamentary to her son, the disposition of the property in question became
the sole province of the decedent's estate.
In addition to Mildred J. Gerber's death, another fact compels our
decision as to mootness. Subsequent to the December 16, 2002 hearing
before Judge Hoffer, the buyers of the real estate in question requested that
the sales agreement be terminated and that their deposit be returned to
them. After consideration, the Executor of the decedent's estate agreed to
permit the termination of the sales agreement and the return of the deposit.
This is evidenced by his execution of a Release of Liability Form provided by
the buyers' realtor. Accordingly, the sales contract which was the subject of
this appeal has been terminated and the property is currently controlled by
the decedent's estate. Any issues concerning the property can be resolved
within the framework of the administration of decedent's estate.
Appeal Quashed.
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